9911796707
TMI Blog1992 (1) TMI 208X X X X Extracts X X X X X X X X Extracts X X X X ..... een preferred in the following circumstances. 2. On 10-7-1986, the officers of Customs (Preventive) searched the premises of M/s. Okara Trade Parcel Carriers, Rohtak Road, New Delhi and the result of the search revealed video magnetic tapes in pancakes of foreign origin packed in card board boxes. A further search revealed recovery of electronic goods of foreign origin, cabinets, tape deck mechanism, mounted printed circuit boards and speakers, etc. The statement of one Shri Gulam Hassan, Proprietor of M/s. Bharat Electronics Ltd., Srinagar was recorded on 16-10-1986 in which he stated that he was engaged in the business of sale and purchase of electronic goods and that he started the firm about six months ago and during the period he deal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied 1957 TDMs under the bills referred to in the statement of Shri Ghulam Hassan. On 29-12-1986 a further statement of Shri Rajinder Singh was recorded in which he inter alia stated that TDMs found in the cartons containing samples was neither supplied nor manufactured by his firm; that he has not imported any motors since 1985 and the only stock lying with his firm are 6 volts and 12 volts motors and since then he had not used any imported motors. He further stated that the TDMs sold under the 4 bills referred to above were all fitted with 6 volts motors supplied by Shri Jagan Micro Motors Ltd. and fitted with OG-66 magnetic head which, he had imported from Japan along with rubber components; that all other components were either manufactu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed order. 5. The contention of the learned Counsel that there is very slender thread of evidence against the appellants has great force. The appellant has been linked with the offence because he could not tell the name of the owner of the BEL, Srinagar as the said firm was introduced to him by some party of the Lajpat Rai Market and he could not tell the name and address. We, however, note that as early as on 20-2-1987 in response to the show cause notice the appellant informed the Department that BEL approached them through one Shri B.D. Kochar, Proprietor of M/s. Allied Sales Corporation, 242, Lajpat Rai Market, Delhi for purchase of 2,000 TDMs and placed the order for the same vide their letter dated 15-5-1986 and that they delivered 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
